Ayotte vs. Planned Parenthood of Northern New England
SUPREME COURT TO DECIDE WHETHER TO PROTECT WOMEN’S HEALTH OR SIDE WITH THE BUSH ADMINISTRATION
On November 30, 2005, the U.S. Supreme Court will hear arguments in the case of Ayotte v. Planned Parenthood of Northern New England . This lawsuit brought by Planned Parenthood against the state of New Hampshire will be the first abortion-related case in five years to go before the U.S. Supreme Court. It will also be the first major abortion case since Chief Justice John Roberts joined the court last month.
“This case demonstrates just how high the stakes are when it comes to the balance of the Supreme Court,” said Karen Cooper, Executive Director of NARAL Pro-Choice Washington.
“If the new Supreme Court backs the position supported by the Bush administration, it would allow politicians to determine when American women can and cannot receive medical care. It would block doctors from challenging restrictions that pose a threat to their patients’ health.”
This case began in 2003 as a challenge to a New Hampshire law restricting teenagers' access to abortion. But the outcome of Ayotte v. Planned Parenthood of Northern New England – particularly if it is decided after Justice O’Connor has left the Court – could affect virtually every abortion-related case and statute in the country. The trial and appellate courts both found the law unconstitutional, so the state appealed to the Supreme Court. The two primary issues that the Supreme Court will address are:
Health Exception:
Must a parental notification law contain an exception to protect young women’s health, and how comprehensive must a life exception be to be constitutional?
Note that it is possible, perhaps likely, for the Court to issue a decision that would apply to more than just parental notification/consent laws.
Standard of Review:
How many women must be harmed by a restriction on abortion before a court may declare the law unconstitutional?
In other words, what is the standard of review for abortion cases? Is it the standard set forth in Planned Parenthood v. Casey or the much stricter standard set forth in a non-abortion-related case (United States v. Salerno)?
NARAL Pro-Choice Washington hopes that the Supreme Court determines that the Planned Parenthood v. Casey standard prevails, and that all abortion restrictions must contain comprehensive health and life exceptions for the mother.
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